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Dalton Legal Issues Blog

What is the law about cell phone use while driving?

With the increased use of cell phones has come an increase in auto accidents related to cell phone use while behind the wheel. As the main cause for distracted driving, cell phone use takes your focus off the road, making it much easier to make driving mistakes and reducing your reaction time. To combat this Georgia passes laws on when and how you may use your cell phone when driving. According to USA Today, as of 2018, you can no longer hold your cell phone when you are behind the wheel.

In addition, you cannot look at your phone or operate it while driving. The law is strict. Officials do not want you to use your cell phone in any manner when you drive. This is a prevailing opinion across many states in the country because studies have shown cell phones distract drivers and cause accidents.

How will the aftermath of a dog bite attack look?

Georgian residents like you who have suffered through dog bite attacks will be looking at a unique recovery period. Not only could the attack have left you with physical injuries and scarring, but you might need to tend to mental and emotional wounds, too. McCamy, Phillips, Tuggle & Fordham, LLP help guide survivors like you through the complex aftermath.

The physical impact of a dog bite attack can vary greatly depending on how the attack went. It hinges on the type of dog you were attacked by, how the attack happened, and other factors. Some attacks result in bite injuries that are relatively easy to tend to. Other attack wounds can take a long time to repair and may result in scarring, or even require reconstructive surgery. These issues not only impact your physical well-being, but also your mental health.

Rear-end crash claims life of 82-year-old

Residents in Georgia often take to the roads and highways over the holidays to be with their family members and friends during special celebration events. Unfortunately, this can be a time not only of joy and togetherness but of tragedy if an accident happens when someone is on their way to or from such a trip. Losing a loved one in a senseless crash is always a challenge for those left behind but can be exceptionally difficult when it happens over a holiday.

Unfortunately, this is exactly the type of trauma and sadness that the family members of one man must experience today in the wake of a fatal crash that happened on the last day of the long Thanksgiving weekend.

What are the issues related to multiethnic adoption?

Georgia parents intending to adopt a child may feel anxiety that the process will not go the way they expect. While the child's best interest is always a guiding principle in family law, sometimes when controversy arises the courts must deliberate in order to determine what course of action serves the best interests of the child. When the child's race or ethnicity is different from that of the adoptive parents, it may spark some controversial issues that may pose obstacles to the adoption process. 

According to FindLaw, some people see mixed-race adoption as an opportunity to break down barriers that divide different ethnic groups. Indeed, it can be difficult to determine what the child's ethnicity is, as he or she may be of mixed heritage. Furthermore, there are many more minority children in need of families than there are minority parents willing to adopt them. For these reasons, the federal government favors the adoption of children by loving, capable parents regardless of race or ethnicity. Adoption agencies cannot delay or deny the placement of a child with adoptive parents on the basis of ethnicity according to the Multi-Ethnic Protection Act of 1994.

4 tips for the first few months with adopted children

You always wanted to adopt, and now you've become a foster parent. Adoption is in the future for you, but you have to wait a period of time before adoption is allowed.

During that waiting period, you want to make sure you bond well with the children. Newly adopted or fostered children may not be certain about their place in your family, but who can blame them? Fortunately, you can help. Here are four tips to help you when your children move in.

Should I attempt to avoid probate?

Probate is a term that frequently comes up in discussions about inheritance. Probate is the legal process through which assets are distributed to heirs from the estate. In many cases, people talk about avoiding probate. Is probate really that undesirable? The reasons you might want to avoid probate if possible is for the convenience and benefit of those who inherit your assets in the state of Georgia.

According to Nerdwallet, people fear probate because it may prolong the time it takes for their heirs to receive their assets. If you have set up a will, the probate process will be shorter than if you die with no will on record. The probate court will look at your will, validate it, and then authorize your estate to begin distributing the assets. However, if the provisions of the will are complicated, a court might take longer to authorize it.

Assumptions you should not make about truck blind spots

Understanding what a truck driver is likely to see on a Georgia highway is crucial to keeping yourself safe. You might make assumptions about what the trucker sees that could be incorrect. If you should swerve into the truck’s blind spot, the truck driver may not see you and could collide with your vehicle.

Driversed.com explains that you should not assume that a truck driver has a better view of the road simply because the truck stands higher from the ground. It is true that a truck driver has greater visibility out in front of the truck itself. However, the trucker will still possess blind spots that an approaching motorist may enter.

Learn about space heater safety this fall

As the weather cools down and your heating bill starts to rise, you might think about purchasing a space heater or bringing your old one out of storage. Before you plug in your little heater, our team at McCamy, Phillips, Tuggle & Fordham, LLP, wants to make sure you understand space heater safety, as well as the risks you and other Georgia residents could face with a faulty or improperly operated appliance.

According to the DIY Network, about a third of all home fires and four out of every five heating-related fire deaths in the country are caused by space heaters. Instead of throwing out your space heater, consider the following safety tips:

  • Never plug a space heater into an extension cord or run the cord underneath a carpet, which can cause it to overheat.
  • Place your space heater at least three feet away from curtains and furnishings that might catch fire.
  • Turn the heater off when you leave the room.
  • Never leave a child or pet unattended with a running space heater.
  • Do not let your space heater run overnight while everyone is asleep.

When a car crash results in a TBI

At McCamy Phillips Tuggle & Fordham, LLP, in Georgia, we know all too well how a motor vehicle accident can devastate you and your family. The injuries you and/or your loved ones can receive may impact you for the rest of your lives.

The Centers for Disease Control and Prevention reports that over 286,000 people suffer a traumatic brain injury every year as the result of a vehicle crash. If you have never heard of this grievous injury before, be aware that the Mayo Clinic defines a TBI as an injury that causes your brain to become dysfunctional. Specifically, you likely will suffer a TBI if the force of the crash’s impact causes your head and neck to violently jerk back and forth. When this happens, your brain likewise violently jerks back and forth inside your skull, injuring its delicate tissues and nerves.

What is whiplash?

It can happen without any warning: you are driving along Georgia roadways, you stop at an intersection or railway crossing, and all of a sudden you feel a jolt from behind as another vehicle crashes into yours. You may feel fine initially after the accident, but within 24 hours (sometimes longer) you may develop symptoms of neck stiffness and pain, shoulder tenderness or headaches that may indicate a case of whiplash.

According to the Mayo Clinic, a rear-end auto accident is the most common cause of the neck injury known as whiplash. It is so called because the rapid, forceful, back-and-forth movement of the head and neck that causes it resembles the cracking of a whip. 

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